The Children's Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/143 |
2011 No. 143
Children And Young Persons
The Children’s Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011
Made 22th February 2011
Laid before the Scottish Parliament 24th February 2011
Coming into force 18th April 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by schedule 1, paragraph 8(10) of the Children’s Hearings (Scotland) Act 20111and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011 and come into force on 18th April 2011.
Interpretation
2. In these Regulations—
“communication” means any notice, statement, report, reasons representation, comment or information made or given under these Regulations;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 20002;
“Ministers” means the Scottish Ministers;
“National Convener” means the officer appointed under section 1(1) of the Children’s Hearings (Scotland) Act 2011.
Lodging of appeal by National Convener
3.—(1) The National Convener may appeal to Ministers under schedule 1, paragraph 8(8) to the Children’s Hearing (Scotland) Act 2011 against dismissal by CHS by giving to Ministers a statement setting out the grounds upon which the appeal is made and any accompanying information the National Convener may wish to submit.
(2) The National Convener must give the statement and accompanying information referred to in paragraph (1) to Ministers before the expiry of the period of 21 days from the day the National Convener received notification of dismissal by CHS.
(3) The National Convener must at the same time as giving the statement and accompanying information to Ministers give a copy to CHS.
Response by CHS
4.—(1) CHS must, before the expiry of the period of 21 days from the day of receipt of the statement and accompanying information under regulation 3(3), give to Ministers notification as to whether or not the appeal is opposed.
(2) If the appeal is opposed CHS must, at the same time as notifying Ministers under paragraph (1), give to Ministers—
(a)
(a) the reasons for opposing the appeal;
(b)
(b) the reasons for dismissing the National Convener and details of all information taken into account by CHS in determining to do so; and
(c)
(c) any representations CHS wish to submit regarding the statement and information provided by the National Convener under regulation 3.
(3) CHS must, at the same time as notifying Ministers under paragraph (1), and, where applicable, giving Ministers the reasons, information and representations under paragraph (2), give the National Convener confirmation as to whether the appeal is opposed and, where applicable, give the National Convener a copy of all the reasons, information and representations provided to Ministers under paragraph (2).
(4) The National Convener may, before the expiry of the period of 21 days from the day of receipt of the reasons, information and representations in paragraph (3), give Ministers any comments on the reasons, information and representations supplied by CHS to Ministers under paragraph (2) that the National Convener wishes to make.
(5) Where the National Convener gives any comments to Ministers under paragraph (4) the National Convener must, at the same time, give a copy of those comments to CHS.
Further representations etc.
5.—(1) Following receipt of the material given under regulations 3 and 4, Ministers may, for the purposes of enabling or assisting them to determine the National Convener’s appeal, invite, by notice, further representations, comments or information from the National Convener or CHS.
(2) Any further representations, comments or information given in response to the notice sent under paragraph (1) are to be supplied within such time as Ministers may specify in the notice.
Notification of further representations etc. upon which Ministers intend to rely
6.—(1) Ministers must give to the National Convener and CHS—
(a)
(a) details of any further representations, comments or information sent by the other party to Ministers under regulation 5(1) upon which Ministers intend to rely in determining the National Convener’s appeal; and
(b)
(b) a notice inviting the National Convener or CHS (or both as the case may be) to give any comments on the further representations, comments or information supplied by the other party as the National Convener or CHS, as the case may be, wish to make.
(2) Any comments given in response to the notice sent under paragraph (1)(b) are to be supplied within such time as Ministers may specify in the notice.
(3) Where the National Convener or CHS, as the case may be, gives to Ministers any comments under paragraph (1)(b) they must, at the same time, give CHS or the National Convener, as the case may be, a copy of those comments.
Further procedure
7.—(1) Ministers may, where they consider it appropriate, constitute a panel to conduct an inquiry for the purposes of the appeal and to report to them.
(2) Where Ministers decide to constitute a panel under paragraph (1) they must notify the National Convener and CHS of that decision.
(3) The Schedule to these Regulations makes further provision about the constitution of the panel and the procedure...
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